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1. The defendant is paid KRW 20,000,000 from the plaintiff and at the same time, among the first floor of the building indicated in the attached Table to the plaintiff.
Reasons
Facts of recognition
원고는 별지 목록 기재 건물(이하 ‘이 사건 건물’이라 한다)의 소유자인 주식회사 D(이하 ‘D’이라 한다)과 관리형 토지신탁계약을 체결한 수탁자이고, 피고는 이 사건 건물 1층 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 차례로 연결한 선내 33.84㎡(이하 ‘이 사건 점포’라 한다)에서 ‘E’라는 상호로 사업자등록을 하고 미용실을 운영하는 임차인이다.
On August 1, 2016, the Defendant entered into a contract with F to lease the instant store owned by F, G, and H with a lease deposit of KRW 20,000,000, monthly rent of KRW 700,000 (value-added tax separate) and the lease term of KRW 1, 206 from October 1, 2016 to September 30, 2018 (hereinafter “instant lease contract”). Since then, the said lease contract was implicitly renewed.
D After concluding a contract to purchase the instant building between F, G, and H on April 16, 2019, D completed the registration of ownership transfer on May 23, 2019.
D On May 22, 2019, between the Plaintiff and the Plaintiff, the ownership of the instant building site and an aggregate building to be constructed on the land in the future is entrusted to the Plaintiff. The Plaintiff entered into a management-type land trust contract (hereinafter “instant trust contract”) with the purport that the trust benefits acquired by selling the said land and aggregate building to a third party are to be granted to the priority beneficiary, and completed the registration of ownership transfer on May 23, 2019.
D On June 3, 2019, the Defendant sent a content certification that “the instant building will be removed, and the redevelopment and reconstruction will be carried out. There is no intent to extend the instant lease agreement. By September 30, 2019, the instant store was ordered to be ordered by ordering the completion of the lease agreement (hereinafter “instant content certification”), and reached the Defendant on June 5, 2019.
On June 11, 2019, the defendant does not exceed the "Commercial Building Lease Protection Act" to D.